LawDadi legal and tax information
Home / CrPC / Section 458
Criminal procedure | Property seizure and disposal

Section 458 CrPC: Procedure Where No Claimant Appears Within Six Months

Section 458 of the Code of Criminal Procedure, 1973 (CrPC) addresses what may happen to seized property when nobody establishes a claim within the six-month period provided under Section 457. It also provides a right of appeal against the Magistrate's disposal order. The corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is Section 504.

Current legal position: The BNSS came into force on 1 July 2024 and generally governs proceedings under the new criminal procedure framework. Section 531 BNSS contains repeal and savings provisions, so the applicable law in an older or pending proceeding must be checked individually.

Section 458 CrPC - statutory text

(1) If no person within such period establishes his claim to such property, and if the person in whose possession such property was found is unable to show that it was legally acquired by him, the Magistrate may by order direct that such property shall be at the disposal of the State Government and may be sold by that Government and the proceeds of such sale shall be dealt with in such manner as may be prescribed.

(2) An appeal shall lie against any such order to the Court to which appeals ordinarily lie from convictions by the Magistrate.

Meaning and scope of Section 458

This provision follows the procedure in Section 457 CrPC, which concerns police-seized property reported to a Magistrate but not produced before a criminal court during an inquiry or trial. Where the person entitled to possession is unknown, the Magistrate may issue a proclamation inviting claims within six months of its date.

Section 458 does not automatically transfer every unclaimed article to the State after six months. Two statutory requirements matter: no claimant has established a claim within the relevant period, and the person from whose possession the property was found cannot show that it was legally acquired. Even then, the Magistrate may make an order; the decision is not automatic.

Conditions for a disposal order

  1. Relevant seizure procedure: The property is dealt with through the process under Section 457 CrPC, including the proclamation where its rightful possessor is unknown.
  2. Six-month claim period: No person establishes a claim within the period specified in that proclamation.
  3. Lawful acquisition not shown: The person from whose possession the property was found is unable to demonstrate lawful acquisition.
  4. Judicial order: The Magistrate decides whether to place the property at the disposal of the State Government.
  5. Sale and proceeds: If the State sells the property, the proceeds must be handled as prescribed by the applicable rules.

Appeal under Section 458(2)

An appeal is available against an order under Section 458(1). It lies to the court that ordinarily hears appeals from convictions by the Magistrate who made the order. The appropriate forum depends on the Magistrate's court and applicable procedural law; in many ordinary cases this is the Court of Session. A person affected by an order should promptly obtain the order and seek advice about the applicable limitation period and any request for interim protection.

Corresponding law: Section 504 BNSS

Section 504 BNSS addresses the procedure where no claimant appears within six months. It forms part of the BNSS framework for custody and disposal of property. The related police-seizure procedure is covered by Section 503 BNSS, corresponding to Section 457 CrPC. Readers should consult the operative BNSS text and any applicable rules for current cases rather than assuming that the repealed CrPC applies to every proceeding.

Illustrative example

Police seize an item and report the seizure to a Magistrate. Its owner cannot be identified, so a proclamation invites claims within six months. Nobody establishes a claim, and the person from whom the item was recovered cannot establish lawful acquisition. Subject to the statutory requirements, the Magistrate may order that the item be placed at the State Government's disposal. An aggrieved person may challenge the order through the statutory appeal process.

Frequently asked questions

Does seized property automatically become government property after six months?

No. The Magistrate must consider the statutory conditions and make an order. Mere passage of six months is not, by itself, enough.

Can the Magistrate order the property to be sold?

The Magistrate may direct that qualifying property be placed at the disposal of the State Government. The State Government may sell it and deal with the proceeds in the prescribed manner.

Can a person appeal against an order under Section 458 CrPC?

Yes. Subsection (2) provides an appeal to the court that ordinarily hears appeals from convictions by the Magistrate.

Which BNSS provision corresponds to Section 458 CrPC?

Section 504 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Official legal sources

For the authoritative statutory text and updates, consult the India Code legislative database and the Ministry of Home Affairs. Verify any amendments, notifications and relevant State rules before relying on a provision in an individual case.

This article provides general legal information and does not replace advice on a specific case.

Advertisement